Feb22026
Guardianship Q&A Series

What can I do if the guardian says they are medically unable to serve? – North Carolina

Short Answer

In North Carolina, a guardian who is medically unable to serve can ask the Clerk of Superior Court to accept a resignation and appoint a successor guardian. If the guardian’s health issues (or related problems) are putting the ward’s safety or care at risk, an interested person can also ask the clerk to remove the guardian and appoint a replacement. In urgent situations, the clerk can act on an emergency basis to protect the ward.

Understanding the Problem

In a North Carolina adult guardianship, what happens when a court-appointed guardian says they are medically unable to keep serving, and what steps can an interested person take to make sure the incapacitated parent remains safe, located, and properly cared for? The decision point is whether the situation calls for a voluntary resignation and orderly transition to a successor guardian, or whether the facts require the clerk to remove the guardian to protect the ward.

Apply the Law

North Carolina guardianship cases are supervised by the Clerk of Superior Court. When a guardian cannot continue due to medical issues, the law provides two main paths: (1) the guardian can resign by filing a motion with the clerk; and (2) the clerk can remove a guardian based on information or a complaint when removal is needed to protect the ward’s interests. After a resignation or removal, the clerk appoints a successor guardian using the same general criteria used for the original appointment.

Key Requirements

  • Proper request to the clerk: A resignation typically starts with the guardian filing a motion explaining the circumstances; removal typically starts with information or a complaint presented to the clerk.
  • Protection of the ward during the transition: The clerk can enter orders to protect the ward (and the ward’s estate, if applicable) while the change is pending, including emergency action when there is a serious, immediate risk.
  • Successor appointment and wrap-up duties: A successor guardian is appointed after resignation/removal, and the outgoing guardian may need to complete required reporting and accounting steps before being fully discharged (especially for guardians handling money/property).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an ongoing North Carolina guardianship for an incapacitated parent where the current family guardian allegedly cannot locate the parent at times and now claims to be medically unable to serve. If the guardian truly cannot perform basic duties like knowing where the ward is and ensuring appropriate care, that can support clerk action to protect the ward, either through an orderly resignation with a successor appointment or through removal if the situation is unsafe or unmanaged. The practical goal is a court-supervised transition so there is no gap in authority and no period where the ward is effectively without oversight.

Process & Timing

  1. Who files: The current guardian can file a motion to resign; an interested person (such as a family member) can file information/complaint and request removal and appointment of a successor. Where: The Clerk of Superior Court in the county where the guardianship is pending. What: A written motion/petition asking the clerk to accept resignation and appoint a successor, or to remove the guardian and appoint a successor; if finances are involved, the request often needs to address required accountings and transfer of records. When: As soon as the medical inability is known or as soon as safety/care concerns arise.
  2. Temporary protection: If there is a real-time safety issue (for example, the ward’s location is unknown or care is not being arranged), the filing can ask for immediate protective orders, and in qualifying emergencies the clerk can act quickly to prevent harm while the matter is set for hearing.
  3. Transition to a successor: The clerk holds the appropriate hearing(s), decides whether to accept the resignation or remove the guardian, and then appoints a successor guardian. The outgoing guardian may be required to complete final reporting/accounting steps and transfer the ward’s records, funds, and property to the successor as directed by the clerk.

Exceptions & Pitfalls

  • “Medical inability” does not automatically end the guardianship: The guardian generally remains the appointed guardian until the clerk accepts a resignation or enters an order removing the guardian and appointing a successor.
  • Confusing resignation with removal: If the guardian is cooperative and the main issue is health, resignation with a planned successor appointment may be appropriate. If the guardian is not ensuring the ward’s safety (including knowing the ward’s location), removal and emergency relief may be necessary.
  • Overlooking accounting and record transfer: When the guardian has handled money, benefits, or property, the clerk may require accountings and documentation before fully discharging the guardian. Missing paperwork can delay the transition.
  • Not asking for interim orders when needed: If there is immediate risk to the ward’s physical well-being (or a serious risk to finances), it is important to request temporary protections while the case is pending rather than waiting for a final hearing date.

Conclusion

Under North Carolina law, a guardian who is medically unable to serve can ask the Clerk of Superior Court to accept a resignation and appoint a successor guardian, and an interested person can ask the clerk to remove the guardian when needed to protect the ward. The key practical threshold is whether the guardian can still reliably perform core duties like supervision, care coordination, and (if applicable) financial management. The next step is to file a motion/petition with the clerk in the guardianship county promptly to request resignation or removal and appointment of a successor.

Talk to a Guardianship Attorney

If you’re dealing with a guardian who says they are medically unable to serve (or there are concerns about the ward’s safety and supervision), our firm has experienced attorneys who can help explain options, filings, and timelines in North Carolina guardianship court. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.